The Right to Make Mistakes for a Beginner Entrepreneur

The Friendly Law Package (a law aimed at reducing regulatory burdens), which in part applies from January 1, 2020, includes several business facilitation measures. The main goal of the Package is to establish the so-called right to error, right to complaint and facilitation for crafts.

Right to Error

Thanks to it, an entrepreneur who makes a mistake for which a criminal fine or a financial penalty is threatened will not receive a fine, but only a reprimand and will be obliged to remove the indicated violation within the time specified by the authority. Only entrepreneurs registered in CEIDG will be able to benefit from this protection. This will reduce the excessive rigidity of the law towards inexperienced entrepreneurs who make mistakes in an unintentional way. The right to error will apply for a year from the first time the business activity is taken up or at least 36 months from the last suspension or termination of the activity. In this respect, the entrepreneur is not completely unpunished - the legislator provides for certain restrictions such as repeated violations or gross or irreparable violations of the law.

Right to Complaint

Another important regulation, which will come into force on June 1, 2020, is consumer protection for companies registered in CEIDG in relations with other entrepreneurs. However, it will cover only those contracts that do not have a professional character for the entrepreneur. The right to complaint included in this protection will enable it to be made on similar terms as in the case of a consumer. In addition, entrepreneurs will be covered by protection in the scope of warranty for defects, the right to withdraw from a contract concluded at a distance or outside the premises of the company and the application of abusive clauses, i.e. prohibited contractual provisions.

Facilitation for Craftsmen

So far, craftsmen entrepreneurs have been subject to restrictions, as a result of which entry into CEIDG was the only form of conducting business activity. Thanks to this regulation, the choice will be extended to such forms as: general partnership, limited partnership, limited joint-stock partnership or one-person capital company. The condition will be the requirement that the partners have professional qualifications in the craft or are spouses or direct relatives.

This article was prepared by the Law Office of Arkadiusz Jaskuła, which provides legal services to companies, also for SOTE and our customers: www.adwokat-jaskula.pl

Related Pages

• Online Store Regulations
• Online Store Regulations - English Version